33 Amendments of Esther DE LANGE related to 2022/0196(COD)
Amendment 309 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to ensure full attainment of the objectives of the Union legal framework on sustainable use of plant protection products, it needs to be adapted by laying down clearer and directly applicable rules for operators. In addition, a number of rules should be clarified, including the rules on the application of integrated pest management, restrictions of use of plant protection products and the inspections of equipment used to apply plant protection products. It is therefore appropriate to repeal Directive 2009/128/EC and replace it with a regulation, while safeguarding the production of sufficient safe and sustainable food in Europe.
Amendment 337 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 345 #
Proposal for a regulation
Recital 9
Recital 9
(9) In the final report of the Conference on the Future of Europe, published on 9 May 2022, when it comes to the proposals on agriculture, food production, biodiversity and ecosystems, pollution, citizens ask the Union in particular to significantly reduce the use of chemical pesticides and fertilizers, in line with the existing targets, while still ensuring food security, and support for research to develop more sustainable and natural- based alternatives. Citizens ask for more research and innovations, including in technological solutions for sustainable production, plant resistance, and precision farming, and more communication, advisory systems, and training for and from farmers as well as asking the Union to protect insects, in particular indigenous and pollinating insects, while safeguarding the production of sufficient safe and sustainable food in Europe, while building on the Commission’s analysis and taking a horizontal approach that protects and restores biodiversity without endangering other elements of the green transition, such as the creation of clean energy networks in Europe .55 __________________ 55 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposals 1 and 2, pp. 43-44.
Amendment 375 #
Proposal for a regulation
Recital 12
Recital 12
(12) The objective of the Farm to Fork Strategy is to make substantial progress in the reduction of the use of chemical plant protection products in an economically viable way. In order to achieve that aim, it is necessary to set quantified targets at Union and Member State levels for the reduction in the use and risk of chemical plant protection products and the use of more hazardous plant protection products to monitor progress. National targets should be established by national law in order to ensure adequate progress and accountability in relation to them. These binding national targets should also be achieved by Member States by 20305. The reduction in the use of chemical plant protection products is expected to significantly reduce occupational safety and health risks for professional users.
Amendment 398 #
Proposal for a regulation
Recital 13
Recital 13
(13) Given the different levels of historical progress and differences in intensity of pesticide use between Member States, it is necessary to allow Member States some flexibility when setting their own binding national targets (“national 20305 reduction targets”). Intensity of use is best measured by dividing the total quantity of active substances placed on the market, and therefore used, in the form of plant protection products in a particular Member State by the surface area over which the active substances were applied. Intensity in the use of chemical pesticides, and in particular of the more hazardous pesticides, correlates with greater dependency on chemical pesticides, greater risks to human health and the environment and less sustainable farming practices. It is therefore appropriate to allow Member States to take their lower intensity of use of chemical pesticides than the Union average into account in setting their national 20305 reduction targets. It is also appropriate to require them to take their higher intensity of use of chemical pesticides than the Union average into account in setting their national 20305 reduction targets. In addition, in order to give recognition to past efforts by Member States, they should also be allowed to take into account historical progress prior to the adoption of the Farm to Fork Strategy when setting national 20305 reduction targets. Conversely, where Member States have increased, or made only limited reductions in, their use and risk of chemical plant protection products, they should now make a greater contribution to the achievement of the Union 20305 reduction targets, while also taking account of their intensity of pesticide use. In order to ensure a fair and collective effort towards the achievement of Union-wide targets and an adequate level of ambition, minimum limits should be laid down for national 20305 reduction targets. The EU’s outermost regions, as listed in Article 349 of the Treaty, are located in the Atlantic, Caribbean and Indian Ocean. Due to permanent constraints such as their remoteness to the European continent, insularity and high exposure to climate change, it is appropriate to allow Member States to take into account the specific needs of these regions as regards the use of plant protection products and measures tailored to specific climatic conditions and crops. In order to ensure a fair and collective effort towards the achievement of Union-wide targets, where a Member State reaches the level of its 20305 national reduction target before 20305, it should not be required to undertake additional reduction efforts, but it should closely monitor annual fluctuations in the use and risk of chemical plant protection products and in the use of more hazardous plant protection products to ensure progress towards meeting the respective 20305 national reduction target. In the interests of transparency, Member State responses to any Commission recommendations in relation to the level of ambition of national targets and the annual progress made towards them should be publicly accessible.
Amendment 401 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) It is furthermore appropriate to take into account the considerable differences in population density, size and scarcity of available space between Member States. In Member States or regions with limited space and high population density flexibility should be granted in the way the goals of this regulation may be addressed and attained in that Member State or region, in particular when required to reach other Green Deal objectives regarding climate change, the energy transition and water quality, as well core responsibilities towards its citizens, such as disaster protection and the provision of affordable (social) and high quality housing.
Amendment 416 #
Proposal for a regulation
Recital 14
Recital 14
(14) Member States should draft and publish national action plans. In order for the Member State national action plans to be effective, they should contain quantitative objectives, references to binding national 20305 reduction targets as set out in national law, together with related indicative targets set out in the national action plans, measures, timetables and indicators to reduce risks and impacts of pesticide use on human health and the environment. This will allow for a structured approach to the setting of quantitative objectives and targets, with a clear link to the national 20305 reduction targets. In order to monitor compliance with the provisions of this Regulation, Member States should also be required to report annually on targets and precise quantitative data relating to compliance with provisions on use, training, application equipment and integrated pest management.
Amendment 430 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 20305 reduction targets’) as well as national 20305 reduction targets, it is necessary to increase the availability and use of biological control and other non-chemical alternatives. Availability of these alternatives will incentivise the adoption of low pesticide- input pest management practices such as organic farming.
Amendment 460 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the sake of transparency and in order to encourage greater progress, it is necessary to measure the progress made by Member States in relation to the achievement of the national 20305 reduction targets and other national indicative reduction targets. This should be done on an annual basis by means of annual progress and implementation reports. In order to monitor the level of compliance with this Regulation in a streamlined, easily comparable manner, Member States should also include quantitative data in relation to the implementation of this Regulation as regards use, training, application equipment and integrated pest management. In order for the Commission to encourage progress towards achieving national 20305 reduction targets and other national indicative reduction targets, including any measures in support of such achievement, the Commission should analyse such progress and measures every 2 years.
Amendment 587 #
Proposal for a regulation
Recital 38
Recital 38
(38) Statistical data on plant protection products collected in accordance with Regulation (EC) No 1185/2009 of the European Parliament and of the Council74 should be used in calculating these harmonised risk indicators and progress towards achieving binding Union and national targets based on the Farm to Fork Strategy. Given that pesticide use fluctuates between years depending, in particular, on the weather, a three year baseline period is appropriate to take account of such fluctuations. The baseline period for the calculation of harmonised risk indicators 1 and 2 is 2011–2013, as this was the first three year period for which data was received by the Commission under Regulation (EC) No 1185/2009 and coincides with the entry into force of Directive 2009/128/EC. The baseline period for the calculation of progress towards the Union 20305 reduction targets is 2015–20170-2020, as this was the three most recent years for which data was available at the time of the announcement of the Farm to Fork Strategy. The baseline period for the calculation of a new harmonised risk indicator 2a is 2022–2024, as this will be the first three year period for which data on the areas treated under each authorisation for an emergency situation in plant protection will be available. __________________ 74 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
Amendment 605 #
Proposal for a regulation
Recital 39
Recital 39
(39) For the moment, the only robust statistical data available at Union level relating to the marketing and use of plant protection products are the statistics on the quantities of active substances in plant protection products placed on the market, and the data on the number of authorisations for emergency situations in plant protection granted under Regulation (EC) No 1107/2009. Those statistics are used in the calculation of harmonised risk indicators 1 and 2 under Directive 2009/128/EC and in calculating progress towards the binding Union 20305 reduction targets and national 20305 reduction targets based on the Farm to Fork Strategy. The new harmonised risk indicator 2a will be calculated using statistics on the number of authorisations for emergency situations in plant protection, the properties of the active substances in plant protection products subject to these authorisations, and the areas treated under these authorisations to better quantify the risks arising from authorisations for emergency situations in plant protection.
Amendment 613 #
Proposal for a regulation
Recital 40
Recital 40
(40) For reasons of transparency, and to ensure uniform implementation by all Member States, the methodology for calculating progress towards achieving the two Union and two national 20305 reduction targets and the methodology for the calculation of harmonised risk indicators at Union and national level should be set out in an Annex to this Regulation.
Amendment 2169 #
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The competent authority referred to in paragraph 3 shall decide on the application for a permit for the use of a plant protection product within 23 weekorking days of its submission.
Amendment 2197 #
Proposal for a regulation
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. The Commission shall take into account the different characteristics of Member States and shall therefore assess the possibility of a derogation in line with the general goals set out in this Regulation to provide these Member States flexibility.
Amendment 2211 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zon, unless the user can prove sthallt not be reduced by using alternative risk-mitigation techniqu emissions will occur, for instance due to innovations or the use of greenhouses.
Amendment 2213 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zone shall notcan be reduced by using alternative risk-mitigation techniques.
Amendment 2226 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. The Commission shall take into account the different characteristics of Member States and shall therefore assess the possibility of a derogation in line with the general goals set out in this Regulation to provide these Member States flexibility.
Amendment 2301 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Member States shall take all necessary measures regardingprohibit chemical plant protection products authorised for non- professional users to prevent and, where prevention is not possible, to limit dangerous handling operations. Those measures may include measures relating to size limits for packaging or containers. Those measures may provide that non- professional users may only use low-risk plant protection products and other plant protection products that are in the form of ready to use formulations and measures for the use of safe closure or a locking device for packaging or container, except in case of pests that may endanger agricultural and horticultural production. Member States shall take all necessary measures to inform non-professional users about alternative measures.
Amendment 2430 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The competent authority referred to in paragraph 1 shall ensure that any advisor registered in the system referred to in that paragraph (‘independent advisor’) is free from any conflict of interest and, in particular, is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner.
Amendment 2435 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once a year for the purposes of receiving the strategic advice referred to in paragraph 4. Such consulting shall be voluntary for productions and types of holdings listed by the Member State as having low plant protection product use or risk.
Amendment 2635 #
Proposal for a regulation
Article 34 – title
Article 34 – title
Methodology for calculating progress towards achieving the two national and two Union 20305 reduction targets
Amendment 2647 #
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 20305 reduction targets and the two national 20305 reduction targets until and including 20305 is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
Amendment 2651 #
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 20305 reduction targets annually until and including 20305 and publish those results on the website referred to in Article 7.
Amendment 2679 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two national 20305 reduction targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed.
Amendment 2708 #
Proposal for a regulation
Chapter XII – title
Chapter XII – title
XII IMPACT ASSESSMENT, TRANSITIONAL AND FINAL PROVISIONS
Amendment 2710 #
Proposal for a regulation
Article -42 (new)
Article -42 (new)
Article -42 Impact Assessment 1. The Commission shall carry out an impact assessment by 2028, assessing whether: (a) sufficient new breeding techniques that make crops more resilient and thus less dependent on chemical plant protection products have been approved in the EU; (b) sufficient low risk or alternative non-chemical plant protection products are available; (c) the increase in the 2035 reduction target from 40% to 50% can be realised without jeopardising food security and affordability in Europe. 2. In case of a positive assessment of all the criteria in paragraph 1, the Commission may propose to increase the 2035 reduction target to 50%.
Amendment 2754 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
This Regulation is the instrument used to achieve the pesticide reduction targets contained in the Farm to Fork Strategy by requiring each Member State to contribute to achieving by 2030 a 540 % Union-wide reduction of both the use and risk of chemical plant protection products (‘Union 20305 reduction target 1’) and the use of more hazardous plant protection products (‘Union 20305 reduction target 2’). This Regulation also regulates the contribution of each Member State to these Union targets. Each Member State contribution, set in the form of a national target, to Union 20305 reduction target 1 is referred to as a ‘national 2030 reduction target 1’, while a Member State contribution to Union 20305 reduction target 2 is referred to as a ‘national 20305 reduction target 2’. The methodology for calculating progress towards achieving these targets is set out below:
Amendment 2759 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – subheading 1
Annex I – paragraph 1 – subparagraph 1 – subheading 1
National 20305 reduction target 1: methodology for estimating progress towards the reduction in use and risk of chemical plant protection products
Amendment 2780 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 3 – paragraph 3
Annex I – paragraph 1 – subparagraph 1 – point 3 – paragraph 3
Categorisation of active substances and hazard weightings for the purpose of calculating progress towards national 20305 reduction target 1
Amendment 2796 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 4
Annex I – paragraph 1 – subparagraph 1 – point 4
4. The baseline for reduction target 1 shall be set at 100, and is equal to the average result of the above calculation for the period 20150-201720.
Amendment 2807 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – point 3
Annex I – paragraph 1 – subparagraph 2 – point 3
3. The baseline for reduction target 2 shall be set at 100, and is equal to the average result of the above calculation for the period 20150-201720.
Amendment 2813 #
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 3 – subheading 1 – point 1
Annex I – paragraph 1 – subparagraph 3 – subheading 1 – point 1
1. The methodology for calculating trends towards the two Union 20305 reduction targets shall be the same as the methodology for calculating trends at national level as set out in Sections 1 and 2.
Amendment 2821 #
Proposal for a regulation
Annex II – Part 1 – point 1
Annex II – Part 1 – point 1
1. the trends in a Member State’s progress towards achieving the two national 20305 reduction targets referred to in Article 10(2), point (a);